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Many people assume a DUI is always a misdemeanor. In Boone County, that assumption can be costly. While most drunk driving cases do start as misdemeanors, there are several situations where an OWI, DUI, or OVWI charge is elevated to a felony. When that happens, the penalties increase fast, and the stakes become much higher.
If you or a loved one is facing an OVWI charge, understanding whether it’s a misdemeanor or a felony is critical. The outcome can affect your freedom, your driver’s license, and your future.
In Indiana, “DUI” is a commonly used term, but the formal charge is Operating a Vehicle While Intoxicated (OVWI). You may see OWI, DUI, or drunk driving used interchangeably, but they all refer to intoxicated driving offenses under Indiana law.
A misdemeanor OVWI may be charged when:
But that’s not the whole story.
A DUI can quickly cross the line from misdemeanor to felony based on specific aggravating factors. Some of the most common include:
If you have a prior DUI conviction within the past seven years, a new OVWI charge becomes a Level 6 felony. This is true even if the current case would otherwise be considered minor.
Even a first-time DUI can become a felony if you cause an accident that results in injuries. Depending on the severity, prosecutors may file a Level 6 felony, Level 5 felony, or higher.
If a minor passenger is in the vehicle at the time of the stop, even without a crash, the charge can be elevated to a Level 6 felony. This includes situations where your BAC is barely over the legal limit.
These factors turn what many people expect to be “just a misdemeanor” into a felony case with long-term consequences.
The difference between a misdemeanor and felony DUI isn’t technical, it’s life-changing.
In some cases, multiple prior offenses can lead to a habitual traffic violator designation. That can mean:
Even separate from the criminal case, the Indiana BMV can impose administrative suspensions. These can stack on top of court penalties and last far longer than most people expect, especially if your driving record already has issues.
This is where many people get blindsided.
A felony OVWI charge is not something to “wait and see” about. Prosecutors move quickly, and early decisions can shape the entire case.
If you’re facing a felony DUI, a criminal defense attorney can:
Every detail matters. Small differences in timing, testing, or prior history can change the outcome.
A felony DUI charge can expose you to years, not months, of consequences. If you were charged with an OWI, DUI, or OVWI as a felony in Boone County, you need answers, not assumptions.
The Marc Lopez Law Firm handles criminal defense and DUI cases every day. We understand how quickly these cases escalate and what it takes to fight back.
Call 463-238-4579 to schedule a consultation.
And remember, always plead the Fifth.